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Unread 07-23-2007, 07:35 AM   #11
Shadow
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Quote:
Originally Posted by sandman
Maybe but it sounds like you are a really good and fair cop. Thanks

Sandman

Unfortunately, unless I can find another "home", I'll be a Ronin (masterless warrior) at the end of the month

Oh well, 30 years might have just been long enough

Hot Pursuit,

Hang in there brother. Classy didn't mean Ill of any of us in her post. If you'd met her you'd know what I mean

It's like you said, we (LEO's) pick and choose what we enforce and for whatever reason(s). And although a law is a law, I really believe there are those among us who really need a better grip on reality

I happen to agree with her on a couple of points though. This particular law (IMO), really is petty. At least the strict interpretation of it. The intent is/was good but it really needs to be clairified.

You're also right that we (LEO's) sometimes don't have the option to pick and choose what we write; however, most the time we do

Unfortunately you're also correct in your statement that some departments and some supervisors, "require" us to issue a certain number of citations per week/month/day This is ILLEGAL however, since no one has the balls to put it in writing it'll never be prosecuted. It's lumped under the heading of "activity."

I've worked for supervisors that required certain levels of activity but wanted "quality" over "quantity."

If on Midnights, your zone was in tact come daybreak, you picked up a couple of quality FIR's (Field Interrogation Reports), maybe wrote a ticket or 2 (especially if it was PC for something bigger), put an arse in jail for DUI, and survived to see the sun rise (and without a pending lawsuit to boot), then you had a good night

Daytime and evenings were the high traffic enforcement times for us due to traffic loads on the highways. Evenings were also high criminal arrest periods.

I've also worked for Sgts that were just the opposite. One in particular, didn't care that you just put a butt in bars over a domestic violence. You didn't write any citations and that was bad The boy picked the wrong uniform for a career.

You're also correct in your statement that WE elect the politicians who then reflect our needs and desires. The problem is, they go off on thier own agendas and do stupis stuff like this and WE the people keep electing them back into office?????

Watch your politicians folks. Let them know when you r satisfied with thier actions and when you're not.

A law is the law, but judgement and officer discretion is always on our side. We have the option of enforcing or not. I've always taught my rookies that (especially working for a Sheriff) that the public is your "customer." Sometimes they go to jail, sometimes they don't. Sometimes they get the ticket, other times a warning. A lot depends on the nature of the act or violation and the attitude of the party(ies) involved.

We can do a lot of good PR with a warning, still show activity (yep, I was out stopping cars today) and validate PC for other actions...all with a warning. And the warning doesn't cost anyone a dime. No need to have it corrected and inspected, no fee to pay for the inspection, and no points or insurance action.
The "fix it' ticket you are talking about, still requires the offender to correct the action and show proof. They also are required to pay a fee to have this inspected at the local PD/SO.

If all the border does is obstruct "myFlorida.com" where's the real violation?

I believe that strict interpretations of law should be held in abeyance for those who truly deserve it. PC for a drug stop for example.

Otherwise, it should be the intent rather than the letter of the law thats enforced. This is what I've always taught and continue until I can no longer do so. Fairness and common sense.

Take the PBA emblems for example. We see them all the time, bolted to someones tag. By bolting it on the corner, it obstructs a good part of the tag. Thats got to go!!

How about the FHP supporter or FOP supporter decal that some use to cover the orange in the center of the tag? Technically that has to go. It doesn't obstruct anything meaningful so I generally ignore it.

Sure writing tickets is easy. It's become even easier with the advent of automated ticket writers. And good criminal cases are sometimes a bear to put together and certainly as you mentioned, even harder at times to get some judges to convict. But remember 2 things folks.

1) You (and I) put the judges in place and we can remove them!
2) The politicians are the one footing these "bills" to increse or reduce jail sentences and raise traffic fines. Don't like them? VOTE THEM OUT!

Frankly, the fines have gotten out of hand in this state and the "tag on" items are noting more that additional taxes!

Do you recall when we used to be able to write "failure to obey a traffic control devise (speed limit sign) instead of the high dollar speeding ticket itself?

At the time, the FTOTCD was in the $70.00 range. The speeding tickets were a base fine ++++

We were told in writing that the courts in Hillsborough County would no longer accept these cases. Why? It's glaringly obvious to me. $$$$$$ Cha-Ching!!! The coffers were getting empty.

This "law" was available to us, valid to use and certainly within the scope of the violation, yet we were prevented from writing it?????
Thats the kind of crap that gets under my skin!

HP, talk about art? Take a look at downtown Tampa. We're becoming the artsy fartsy capitol of the freakin' world (right behind Sarasota-but they can afford it! )

We hear all the scare tactic talk about reducing services and law enforcement/firefighters and paramedics. Folks, it's ain't gonna happen

Reduce Law Enforcement, watch the crime rate rise and tourism $$$ drop.

Sure some small departments will sell out to the Sheriff and some services will be lost. But "basic" law enforcement will still be available. It's just cheaper to contract to the S.O. than maintain your own agency.

As far as the site goes, this is a very family and member friendly environment and as you and I both know, it's much more laid back here.

I really think you read Classy wrong on this one. I've spoken with her personally and she's not a vengeful, bashing type person. Her families involvement in law enforcement solidifies that even moreso

We don't have LEO bashing here like we do on the "other site" and I hope it stays that way. I've not met anyone here who has had any feelings adverse to us.
I really hope you stay with us bro, but I think you might have misinterpreted her statement.

Later man and stay safe out there....

Gordon
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Unread 07-23-2007, 08:27 AM   #12
JIM KILL
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Well Said Gordon.......


320.0607 Replacement license plates, validation decal, or mobile home sticker.--

(1) Any law enforcement officer or department license and registration inspector may at any time inspect a license plate or validation decal for proper display and legibility as prescribed by chapter 316. A damaged or defaced plate or decal may be required to be replaced.
(2)

When a license plate, mobile home sticker, or validation decal has been lost, stolen, or destroyed, the owner of the motor vehicle or mobile home for which the plate, sticker, or decal was issued shall make application to the department for a replacement. The application shall contain the plate, sticker, or decal number being replaced and a statement that the item was lost, stolen, or destroyed. If the application includes a copy of the police report prepared in response to a report of a stolen plate, sticker, or decal, such plate, sticker, or decal must be replaced at no charge.

(3) Except as provided in subsection (2), in all such cases, upon filing of an application accompanied by a fee of $10 plus applicable service charges, the department shall issue a replacement plate, sticker, or decal as the case may be if it is satisfied that the information reported in the application is true. The replacement fee shall be deposited into the Highway Safety Operating Trust Fund.

(4) Any license plate, sticker, or decal lost in the mail may be replaced at no charge. Neither the service charge nor the replacement fee shall be applied to this replacement. However, the application for a replacement shall contain a statement of such fact, the audit number of the lost item, and the date issued.

(5) Upon the issuance of an original license plate, the applicant shall pay a fee of $10 to be deposited in the Highway Safety Operating Trust Fund.

(6) All funds derived from the sale of temporary tags under the provisions of s. 320.131 shall be deposited in the Highway Safety Operating Trust Fund.

Jim
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Unread 07-27-2007, 11:17 AM   #13
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I got pulled over by a stormtrooper two days ago over this garbage. The guy was cool though, he let me off with a verbal warning.

When I got home, I took the license plate frame off. He basically told me you cannot cover the county, sticker and state anymore.
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Unread 07-27-2007, 02:39 PM   #14
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Does anyone know if the Florida Constitution prohibits ex post facto laws? The US Constitution certainly does, and I thought most state constitutions are based on the federal version.

Quote:
An ex post facto law (from the Latin for "from something done afterward") or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. In reference to criminal law, it may criminalize actions that were legal when committed; or it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed; or it may change or increase the punishment prescribed for a crime, such as by adding new penalties or extending terms; or it may alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted. Conversely, an ex post facto law, commonly known as an amnesty law, may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with life-long imprisonment) retroactively.

A law may have an ex post facto effect without being technically ex post facto. For example, when a law repeals a previous law, the repealed legislation no longer applies to the situations it once did, even if such situations arose before the law was repealed. The principle of prohibiting the continued application of these kinds of laws is also known as Nullum crimen, nulla poena sine praevia lege poenali.

Generally speaking, ex post facto laws are seen as a violation of the rule of law as it applies in a free and democratic society. Most common law jurisdictions do not permit retroactive legislation, though some have suggested that judge-made law is retroactive as a new precedent applies to events that occurred prior to the judicial decision. In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible as parliamentary supremacy allows the parliament to pass any law it wishes. However, in a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.
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Unread 07-27-2007, 09:21 PM   #15
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Quote:
Originally Posted by Guro305
I got pulled over by a stormtrooper two days ago over this garbage. The guy was cool though, he let me off with a verbal warning.

When I got home, I took the license plate frame off. He basically told me you cannot cover the county, sticker and state anymore.
The "law" has existed as long as I can recall. Most of us just wouldn't bother with such nonsense unless it was for PC for a stop. Now here's the kicker....many of the tags DO NOT HAVE the county...simply "Florida" on the bottom

And the custom tags don't have any of that crap at the top.

I'm sure there's a way around this and it's still (IMO) a Charlie Sierra violation.

As mentioned before, if it covers something of some significance like the decal or obstructs the face of the tag (like the FOP/PBA stickers and bolt on's) then thats quite another story.

Just my opinion on the matter.
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Unread 07-31-2007, 10:02 PM   #16
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I'm all the way over on the other side of the country, and we have photo radar all over the place. Yet I see quite a few people with almost-opaque license plate covers. Gotta be illegal, but guess what else we don't have? There's no annual inspection! None! It's old car heaven out here.
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Unread 08-02-2007, 11:15 AM   #17
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hey I know this may sound a little stupid but is it illegal or will the tag agencies allow a plate to say OQOQOO or something of that matter...since it would be extremley difficult to read it??? just wondering...ive never seen anything like it but heard from somwhere about someone wanting to do that
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Unread 08-02-2007, 01:40 PM   #18
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Quote:
Originally Posted by Hot Pursuit
I think your a little of base here. I agree the laws may be "petty", but YOU (as a citizen of this country) voted in the politician who made that law and countless others. DO NOT fault the officer for enforcing it no matter how petty you may think it is. I can say that I am SURE that ANY police officer of ANY uniform color wants to arrest murderers child molesters and drug dealers but the courts make that extremely difficult. Once they do the courts (and you guessed it - judges voted into office) release them because there is no room in the prisons due to the (you guessed it again - voted in politicians) want to fund the hell out of some "Art project" in your city to buy a 2 million dollar statue instead of putting the money into prisons.

Your "Petty" comments about police enforcing laws that you don’t “deem important” are total BS. When it's a law it's a law. We find the ones that feel important to us for whatever reason it may be and enforce them. We don't have enough time to enforce EVERY LAW ALL THE TIME. Some of that is directly related to the supervisors of the officers who demand that certain things be done (ie "write 10 tickets a week") so they chose to write non-moving no points tickets (such as tag citations) that DO NOT carry points or effect your insurance rates!

Your sarcasm is misdirected (no matter who you say your family works for, MP or Sheriff's Office) and I don't appreciate it. I don't like to surf "the other site" because some people get on there and bash LEO anonymously from behind some keyboard in BFE and stir the pot. I don't expect that here, and if it turns into that I will stop surfing this site too.
Have you ever gone over the speed limit. Then You broke the law. Have you ever gone and crossed line when it says stay in your lane then you broke the law. Have you ever speed up when you see a yellow light only known to others you actually ran a red light but didn't notice, then you broke the law. Have you ever ran to the store a block away and didn't put your seatbelt on, then you broke the law. ETC>>> Think before you judge others.
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Unread 08-05-2007, 09:32 PM   #19
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My two cents, lots of laws are totally outdated and should not be enforced.
While it is against not to wear seat belts, it is okay for no helmet on a bike ( with a grand total of 10,000 in medical insurance.) In volusia it is against the law to ride a bicycle without head light and tail reflector. it is also against the law to drive while raining without your head lights on ( normal count 6 off for every 10 on ), you need to pull off to the right of the road when being passed by a emergency vehicle. All of this is good if used and enforced, but it is rare!
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